ACL Releases Independent Living Regs

The Administration for Community Living (ACL) released on October 26, 2016 the unpublished final regulation for independent living programs (the reg is officially published on October 27, 2016). The rule is effective November 25, 2016.

The discussion section explains the new rule

The federal Independent Living (IL) program seeks to empower and enable individuals with disabilities, particularly individuals with significant disabilities, to exercise full choice and control over their lives and to live independently in their communities. For over 40 years, these aims have been advanced through two federal programs: Independent Living Services (ILS) and Centers for Independent Living (referred to as CILs or Centers). The Workforce Innovation and Opportunity Act (WIOA) transferred these Independent Living programs to the Administration for Community Living (ACL) and created a new Independent Living Administration within the agency, adding section 701A of the Rehabilitation Act, 29 U.S.C. 796-1.

According to the ACL news release, the new regs:

• Clarifies requirements surrounding WIOA’s addition of new core services to:

  • Facilitate the transition of individuals with significant disabilities from nursing homes and other institutions to home and community-based settings
  •  Provide assistance to individuals with significant disabilities who self-identify as being at risk of entering institutions so that the individuals may remain in the community
  • Facilitate the transition of youth with significant disabilities who are no longer in school and no longer receiving services under section 614(d) of IDEA.

• Clarifies several key definitions. For example:

  • “Consumer control” adds specificity to definition in the context of individuals to mean that the person with a disability has control over his or her personal life choices, independent living plan and has the right to make informed choices about content, goals and implementation. Prior to the final rule, “consumer” was sometimes interpreted to include the parents or caregivers of the person with a disability
  • “Personal assistance services” is now defined to explicitly include assistance with activities outside of employment, such as social activities and parenting.

• Addresses the roles and responsibilities of the State Independent Living Council, as defined by WIOA. For example, the final rule:

  • Includes additional details of what must be a part of the SILC Resource Plan to carry out the functions of the SILC

  • Addresses the SILC’s authority to conduct resource development activities to support the provision of services by Centers for Independent Living

  • Clarifies the expanded role of the SILC in the development of the State Plan for Independent Living.